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THE PRESENT OUTLOOK 



Wn.l.IAM KF.WVICK Rn>r)KT,L 



r • ' ! 



(RkpkiniKD fkom Till; Washington I'Rdn-KDiNc^s of the American S<kiety 

KOR THK JrmCIAL SkTTI.KUENT of I.NTKRNAtlONAL 1>ISPITKS. 
Dkcemblr, I<)i6| 




v^J^'m^ 



Reprinted from the Wuhinfton Proceedingi of the Ameriui Society lot Judicial 
Sfttlcmcnt ol International Oilputa, Danmber, igi6. 



With The ("(>mplim(Mits of 

\Vll.I lAM RKNWirK RlDDELI.. 



THE PRESENT OUTLOOK 

It is tbft rnnvpntion tn Komn nn o^/l~«"~ "'•jnS 

nt; 
Die 
art 

ny 

a 

lis 

!ty 

:or 

_ed 

method of settling disputes of an international character. 
But this our Society was founded and had begun its 
beneficent work, years before the commencement of the 
present war; it has no thought of interfering with the course 
of the war (were it otherwise I should not be here). 

For as 

We draw the sword to keep our troth 
Free from dishonour's stain; 
We Pray 

Make strong our hands to sliield the weak, 
And their just cause maintain. 



- j umuj. . . ni.L ' i..iji.«i mii. ' . *»-m '» HM ' . 



■-■ :■■ ■ ■■'ft!-. '* 



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RcpriBlcd Irom Ik* Wathlaiton Proctcdinci o( Ik* Amcriua SaciHjr tat |iidici*l 
S«lllcm«Dl oi latctnational Ditputtt, Dmmbtr, i«it. 



•'i 



^ai 1 



THE PRESENT OUTLOOK 

It is the convention to begin an address on occasions 
of this character by expressing delight at bebg present; 
but it is not for that reason that I say that I am more 
than glad to be permitted for the third time to take part 
in the proceedings of this Society. 

I have had some difficulty in pt"-suading some of my 
friends at home of the propriety, the seemliness, of a 
Canadian, whose country is at war, who is proud that his 
country is at war, attending the sessions of a society 
whose function it is to prevent war and to substitute for 
war with its horrors another, a more humane and civilized 
methc i of settling disputes of an international character. 

But this our Society was founded and had begun its 
beneficent work, years before the commencement of the 
present war; it has no thought of interfering with the course 
of the war (were it otherwise I should not be here). 



For as 



We draw the sword to keep our troth 
Free from dishonour's stain; 



We Pray 



Make strong our hands to shield the weak, 
And their just cause maintain. 



»30 



JUDICIAL SETTLEMENT 



r. 1 



Our Society has not varied from its original objects — nay 
its avowed purpose is the same as the avowed object of the 
Foreign Secretary of Great Britain in July, 1914, before 
the war broke out. Of his sincerity and good faith, we 
Canadians have no doubt; but the record is open, let 
everyone, neutral or belligerent, judge for himself. 

It is therefore wholly fitting for the citizen of a ountry 
which asserts that its resp<^nsible statesman wholeheart- 
edly desired and v good faith urged that the dispute 
which had arisen, so far as it was not comjjosi-'i by the 
two parties, should be referred to a Judicial body at The 
Hague — that the citizen of such a country, I say, should 
be a member of a society for settling all international 
disputes in that way, a way which commends itself to 
the intelligent, the civilized, the humane, the Christian. 

I .va« " little criticized by some of my friends in Canada 
^ecau. 1 represented my Countr>- at the celebration 
of the Centenar>' of the Battle of Platlsburgh and of that 
of New Orleans. But there, too, my skirts are clear, my 
reason perfect. I gloried not in the battles in which 
my peojjles suffered defeat (no dishonorable defeat, be it 
said) but in the fact that these battles were a hundred 
years in the past, that the one made i>eace possible and 
the other made peace palatable and therefore permanent; 
that thereafter the two peoples had decided tlicir dis])Utes 
not by arms, by blood and agony and death, but by the 
peaceful ways of diplomacy and contract — by making 
bargains and sticking by them; by interi)reting these 
bargains when they disagreed, not by rifle ana cannon, 
shot and shell, but by the legal acumen and skill of the 
ermined Judge or the practical sense of the conciliatory 
arbitrator. 



RIDDELL 



»3« 



In the consi(Ieration of the only proper and logical 
causes of disjiutes concerning international rights, there 
are tw> fundamental elements which must always be 
borne in mind. There is national feeling, national 
sentiment, national pride, rnional predilection, call it 
what you will — kullur if >ou like — which every nation 
possesses in a greater or less degree, and which imjwls 
us to look upon all things from a national standi)oint^ 
to magnify natio.. ! rights oi oue nation, and to min- 
imize the rights of all others. s is the fount of the si)irit 
which says: "VVlii't m\ n aion wishes is right, what it 
wants it must have, uicie is no law but my j)eople's 
will, let a- i Mier nat :., great and (esiKicially) small 
make way ; >. them." 

Then there is the other concept of which no nation is 
absolutely devoid; of which ever\' nation claims a great 
share, and would like the world at large to think it has 
more than is always manifest; there is the sense of the 
right, the essentially right, the moral law implanted 
essentially and ineradicably in every human heart. 
Kant, speaking of this sense of law, which most of us con- 
ceive as coming direct from God himself, compares it 
with the starr>- heavf .s and finds them both sublime: 

Two things do fill my soul with speechless awe, 
The starry heavens and mankind's sense of law. 

It is by the action, reaction and interaction of these 
two principles tl.il the nation's view of international 
relations must be detennined. 

In my mathematical days I took delight in Conic 
Sections— what this degenerate age is wont to call Ana- 



232 



JUDICIAL SETTLEMENT 



lytical Geometry. There were set forth, enunciated, 
elaborated, established, the properties of the ellipse. 
With two coordinate foci, the shape of the ellipse is deter- 
mined by their relative distance apart. Remove the foci 
from each other, the ellipse becomes more and more 
flattened, less and less like a circle, until it is almost a 
straight line; approach the foci and the closer they come 
the nearer the figure comes to the circle, vmtil when they 
coincide all ellipticity disappears and the perfect circle 
emerges, imiform in all directions, curving alike every- 
where. 

Let us conceive of the two principles of which I have 
spoken as the foci of the ellipse of the national concept 
of international duty. We find that as they are removed 
from each other, the view of international duty will be- 
come more and more narrow, that it more and more 
looks only in the one direction and has less and less dimen- 
sion in any other. But let the national spirit come close 
to the eternal right, the everlasting justice, the moral 
and fimdamental law implanted in the very soul of man, 
and the view will become broader imtil at length it stands 
forth facing all the winds of heaven alike with the same 
countenance, and, like the judgments of the Lord, true 
and righteous altogether. 

A nation in which the national spirit is far removed 
from the justice of God may indeed glory in war. It 
can look but in the one direction and may justify war as 
necessary to attain its desires; it may indeed consider war 
not only necessary to crash opposition to its aims and 
objects but also as noble in itself because showing the 
power of the State and the devotion of the citizen. 



RIDDELL 



233 






But a people which has its national spirit thoroughly 
imbued with the impelling thought of justice can take no 
delight in war. War, the ultima ratio regum, may indeed 
interpret a law of man — ^it is sometimes said that the 
American Civil War interpreted the Constitution of the 
United States— but no war, no force, can interpret a law 
of God; can make that right which was wrong before. 
If what is just be all that is desired, war will be looked 
upon with disfavor — nay, abhorrence; for what distorts 
the sense of justice like armed conflict? 

I am wholly persuaded that the century of peace, the 
glory of yoiu- people and mine, has been rendered possible, 
nay inevitable, by the two people measuring their inter- 
national rights with God's yard-stick. His eternal and 
inmiutable law; that they have prayed with Job; "Let 
me be weighed in an even balance that God may know 
mine integrity." 

Not that such a nation will wholly escape war; it will 
and must strive against it, but there may come a time 
when war cannot be avoided. I hate violence as much as 
any man; but I would not if I could help it allow a thief 
to rob me, even if I had to use violence; if a housebreaker 
persists in breaking into my house I will shoot him with- 
out a qualm if no other means is possible to keep him out. 
Because I believe in Courts, I do not drive the policeman 
away from my street comer and I do not complain if 
he carries a night-stick. 

In this place I express no opinion as the cause of the 
present war— the record is open and everyone must judge 
for himself — and I have been too long at the Bar and on 
the Bench not to know that every case has two sides. 



234 



JXJDICIAL SETTLEMENT 



If, as they claim, the Germans desiring peace had no other 
way to prevent an unjust and unprovoked invasion of 
their country than to declare war and press offensive 
warfare against an aggressor, they had ;\. perfect right to 
do so, and no reproach can be made of tnat action; their 
conduct was in accord with the highest law. 

So, too, if Britain entered the war to keep her pledged 
faith, to defend the helpless and to prevent the destruc- 
tion of a peaceful and peace-loving people — and that we 
proudly claim and we firmly believe — if she used every 
honorable means to avoid the terrible conflict — and that 
we proudly claim and firmly believe — then had she acted 
otherwise, she would have been an object of scorn and 
contempt, a by-word and a perpetual hissing among the 
nations of the earth, forgetful of her past, marred as it is 
by some faults, but on the whole of diirnity, justice and 
righteousness. And that is why Canada, free to choose for 
herself, without compulsion, physical, legal or moral, at 
once pledged every last man and every last dollar in the 
cause we are supporting. 

A peaceful non-military people, loving peace as the 
apple of the eye, we are therefore not ashamed to be at 
war. We ask no sympathy, except such as comes from 
a calm and dispassionate consideration of the facts 
themselves. If our conduct be such as to commend itself 
to the judgment instructed in the facts, we welcome 
sympathy ; if not, we do not desire it. Above all we spurn 
sympathy which is but another name for pity. We have 
no desire that this Republic shall be aught but neutral 
— it is better so — but we do not desire that that neighbour 
at peace shall pity us because we are at war. We are 



RroDELL 



235 



proud that we are at war and that Canada has found her 

soul. 

Blow, bugles, blow! They brought us, for our dearth, 
Holiness, lacked so long, and Love and Pain. 
Honour has come back, as a king, to earth, 
And paid his subjects with a royal wage; 
And Nobleness vralks in our ways again. 
And Canada has come into her heritage." 

Few of us there are who have not those near and dear 
to us at the front; many have suffered the loss of son or 
other kin; but we refuse to repent. 

When the ends of this war are attained, but not sooner, 
peace will come again. Peace will come in time, and 
Canada will welcome it with a full heart; but never again 
will she allow her soul to be corroded with the rust of 
material success, or infected by the poisonous, sordid 
love of money. 

Many there are who despair of civilization, whose 
hearts wrung by the horrors of the present war, are down- 
cast, as there appears to them no reasonable prospect 
that wars will ever cease. 

I cannot think their despair warranted. 

The last time I attended a banquet in this room, Dr. 
David Jayne Hill told a story which burned itself into 
my mind. I have not forgotten it— I cannot forget it. 
He said: "Sitting under the shadow of the Cologne 
Cathedral on a night in August after having dined in the 
open air on the terrace, I saw a little boy coming along 
with a great roll of broadsides under his arm, swinging 
one out in his hand and saying, in German of course; 
'Proclamation by the Czar of Russia.' Everybody was 



936 



JXJDICIAL SETTLEMENT 



excited; everybody wondered if it was a proclamation 
announcing some great calamity, perhaps a declaration 
of war. Everybody bought a copy of the broadside. 
T bought one, glanced over it and in a moment realized 
that it was a copy of the rescript of ... . the 
Czar of Russia inviting the nations to assemble in an 
international council in order to arrest the progress of 
the armament of nations. In five minutes after the sense 
of that document had been comprehended by those 
who read it . . . everybody was smiling, — and it 
was a smile of indifference. I did not see one countenance 
expressing any serious appreciation of the purpose of 
the rescript .... It seemed to mean nothing." 

Of a surety the Chancellor, Von Bethmann-HoUweg, 
did not exaggerate when he said the other day: "We 
never concealed our doubts that peace could be guaran- 
teed permanently by international organizations, such 
as arbitration Courts." 

That picture of what took place on the Cathedral 
terrace impressed me strongly, it haimted me; I felt that 
sense of having heard it all before which ever now and then 
we all feel and cannot accoimt for. At length it flashed 
upon me that I had heard it before, that the same thing 
happened on Calvary nigh nineteen centuries ago, when 
they that passed by wagged their heads and jeered: "If 
thou be the Son of God, come down from the Cross." 

Not only in Cologne, but also in Paris and in London, 
yes, in Ottawa, it is possible in Washington, too, there 
were those who ridiculed the thought that anything good 
could come of any move nent looking to the preven- 
tion of war by intematir al agreements or : .aer peaceful 
means. 



P'DDELL 



237 



If a rescript of the Czar of Russia looking toward re- 
duction of armaments or, however indirectly, tc./ard 
preventing war, should now be presented to the populace 
in front of Cologne Cathedral, would they all smile a 
smile of indifference? Would it be looked upon as "an- 
other piece of senthnentalism, another exploit of hnperial 
impulsiveness?" And would the diplomatic world treat 
it with "quiet, courteous disregard?" 

What does it mean when the Chancellor, no doubt 
with the full approval of his Imperial Master, says: "If 
at and after the end of the war, the world will only become 
fully conscious of the horrifying destructions of life >-nd 
property, then through the whole of humunity there will 
ring out a cry for peaceful arrangements and imder- 
starxJbiio which, as far as is within human power, wUl 
avoid the return of such a monstrous catastrophe. This 
cry will be so powerful and so justified that it must I'^ad 
to some result."? 
And what mean the words of Lord Grey? 
"I think public utterances must have already made it 
clear that I sincerely desire to see a league of nations 
formed and made effective to secure future peace of the 
world after this war is over. I regard this as the best, 
if not the only, prospect of preserving treaties and of 
saving the world from aggressive wars in years to come. 
If there is any doubt about my sentiments in the mat- 
ter, I hope this telegram in re^ ./ to your own will re- 
move it." 
Of Lord Bryce? 



238 



/UDICIAL SETTLEMENT 



"London 
Ex-President Tajt, New Haven, Conn.: 

Those working here on your lines send heartiest sym- 
pathy with and best wishes for your League's efforts. 

Bryce." 

Of Premier Briand? 

"In basing your effort on the fundamental principles 
of respect for the rights and wishes of the various peoples 
of the world, you are certain of being on common ground 
with the countries who, in the present conflict, are giving 
their blood and their resources, without counting the 
cost, to save the independence of the nations." 

You may say that the utterances of one or of the other 
are wrung from hin. by the agony of a bleeding country 
i.nd the bitter disappointment of defeat, actual or pros- 
pective. Be it so, if you will, — is it not a great thing, a 
splendid omen, that such words are said al all? 

Let us not despair. I repeat what I said in another 
place before the war began: "No doubt the watchman 
on the tower will often hear the anxious question, ' Watch- 
man, what of the night?' before, looking eastward he can 
say, 'The morning cometh,' without adding 'and also 
the night.' But that answer will be made. Weary 
hearts looking for world peace will again and again be 
saddened by wars and rumors of wars; but these must 
cease at length. Christ died upon the tree to save 
mankind, and nineteen centuries after his sacrifice but the 
fringe of heathendom has heard the good news; yet his 
kingdom is secure, his throne as the days of heaven." 
. . . . Peace "must triumph or all moral govern- 
ance of the Universe is impossible. Far, far back the 



RIDDELL 



239 



Hebrew prophet saw what must come to pass unless tl ere 
is nothing but blind chance. 'The government shall be 
upon his shoulder a.d His name shall be called Wonderful 
.... the Prince of Peace. Of the increase of His 
government there shall be no end .... The zeal 

of the Lord of Hosts will perf* nn this.'" 

Even if there is not to ue world peace, there may at 
least be peace so far as your great nation and mine are 
concerned. The United States does not need to show its 
power; its glorj- is gained and is imperishable, it can be 
diminished only by the United States itself; the altruism 
exhibited in the case of Cuba, the ardent love of peace ex- 
hibited in bringing about the Conference and Treaty of 
Portsmouth are all to its credit. You and we have lived 
side by side at peace. We are near, very near neighbors; 
we have four thousand miles of international boundary 
without a soldier or a fortification; we have hundreds of 
square miles of lalDrnational waters for nearly a hundred 
years unpolluted by the keel of a ship of war. As /ery 
brethren we have lived thus far for a century without war; 
and we are determined that that century shall become 
another centur>', and another, and another, yea, till 
time shall be no more, for sooner shall the earth be shaken 
out of her place and the pillars thereof tremble than that 
a peace which is based upon righteousness shall be broken, 
and He who cannot lie has said: "the work of righteous- 
ness is peace and the effect of righteousness, quiet and 
assurance for ever." 



li* 



